Former Minister rings warning bell for public safety after recent SA sentences focus on perpetrator vulnerabilities rather than victims

The debate surrounding the sentencing of teenage boys convicted of serious sexual offenses has reached a boiling point, with former United Kingdom Safeguarding Minister Jess Phillips leading the charge for a major review of current guidelines. The core of the issue for some lies in how these cases are handled in youth courts.

According to The Guardian, Phillips has expressed deep frustration that victims are essentially being asked to “suck it up for the sake of the perception of what is best for the perpetrators.” The recent wave of public outrage is a result of several cases in north-east England and Fordingbridge, Hampshire, where teenage boys convicted of rape and serious sexual assault were handed youth rehabilitation orders rather than custodial sentences.

In the north-east, three separate teenage boys were convicted of rape and serious sexual assault against girls as young as 14. As noted by The Guardian, these offenders were ordered to pay court fees of just £26. This fee is a standard surcharge for youth defendants receiving rehabilitation orders. 

Even if it is standard, the fee triggered an outcry

Leonie Hodge, of the campaign group Justice Is Now, was extremely critical of the financial penalty. She stated, “You would be charged more for a parking ticket than for rape. A £26 fee for rape is laughable and insulting to the public who put trust and faith and taxes into a system which is not protecting these girls. This is pure impunity for the attackers.”

One victim, who was 15 at the time of her rape, shared her struggle with the outcome of her case. “It feels like he just got away with it,” she remarked. She described the constant anxiety of potentially crossing paths with her attacker and noted that the lack of a meaningful consequence creates a sense of impunity that could lead to further harm. 

She explained that she believed imprisonment would have provided a necessary period for the offender to reflect on his actions, potentially preventing future crimes. “I don’t know where he is or what he is doing. I am constantly looking over my shoulder. I trust people less because of this,” she added.

Phillips, who spoke on the BBC Radio 4 Today programme, pointed to a broader cultural shift that she believes is fueling this crisis. She raised a chilling concern about the intersection of technology and criminal behavior. 

“I cannot ignore the growth in online pornography, access to the most heinous things online for this generation that just simply didn’t exist in prior generations,” she said. Phillips further warned that “crime may have become content for an eyeball economy,” noting that some offences are being filmed specifically to create digital content.

The systemic reliance on youth court rules, which prioritize rehabilitation for those 17 and under, is now under intense scrutiny. While the Ministry of Justice maintains that sentencing decisions are made by independent judges following established guidelines, there is a clear demand for change. 

The attorney general has already referred the Fordingbridge sentences to the Court of Appeal, labeling them “unduly lenient.” Prime Minister Keir Starmer has also weighed in, describing the Fordingbridge case as “appalling.”

Isabel Owens, the chief executive of the Rape and Sexual Abuse Counselling Centre, emphasized that it takes courage for survivors to come forward. She noted that survivors are left feeling “hopeless” and are questioning whether the arduous process of reporting a crime is even worth the effort when the system fails to hold perpetrators accountable. The concern is that if these sentences become the norm, it will inevitably impact future reporting rates and embolden offenders.

Phillips is now calling for a review of how sentencing guidelines address children who commit sexual abuse. “One of the main findings of the first bit of the inquiry is that where we focus too heavily on the perpetrator and their vulnerabilities, and don’t think about the public safety element,” she said, referencing the Southport inquiry.

The goal, per Stephanie Roberts-Bibby of the Youth Justice Board, must be to balance accountability with the long-term objective of preventing future violence. The message from advocates and former officials alike is that the status quo is no longer sustainable. I think that if the justice system is to retain its credibility, it should make sure that the punishment reflects the gravity of the harm caused to victims. However, we all have different views on how that takes place.

Unfortunately, this isn’t only restricted to youth offenders. Last year, in Belgium, a student escaped punishment for a rape conviction because of his “talent.” Worse, a man took a plea deal offered by the office of the senatorial candidate for Texas over child abuse charges.